Legal Question in Family Law in California

Divorce Decree Enforcement

While I was married to my first wife, I was employed with the U.S. Navy. After 7 yrs together, we separated in 1988. Once we divorced in 1990, I was to pay her a portion of my military retirement upon my retirement which occurred in 1997. Now honestly, who reads divorce papers after the fact. A few days ago my daughter w/ my ex called asking me if I had a copy of the divorce papers. This pique my curiousity and I looked at the divorce decree after 14 yrs. I know she will certainly be enforcing the decree now, which is not the problem. The problem is possibly having to pay for the past 8 yrs which were not paid. So will I have to pay all that money back to her? I also noticed which I'm probably reading more into it than I should be, but it says that if she chooses to enforce the Federal USFSPA that she will only be rec've a portion of my net pay. Does that mean since she is now enforcing it, she forfeited the last eight yrs? Probably only wishful thinking!! By the way, upon our divorce she was given custody of our daughter and I paid child support. I obtained legal custody of her in 1992 and she remained in my care until she graduated in 2000. I never asked or rec'vd support from my ex.


Asked on 8/16/04, 1:01 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce Decree Enforcement

Yes you probably owe for the past years that you have been collecting. There will be no credit, in the eyes of the law, for the child support that you did not collect, although there may be an argument that she intended to waive her share of the pension in lieu of support. Its best to set down and work this out with her without going to court. Good Luck, Pat McCrary

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Answered on 8/17/04, 10:43 am


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